Federal Register of Legislation - Australian Government

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Health Insurance Regulations (Amendment)

Authoritative Version
  • - F1998B00204
  • No longer in force
SR 1998 No. 220 Regulations as made
These Regulations amend the Health Insurance Regulations.
Administered by: Health
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled Senate11-Jul-1998
Tabled HR15-Jul-1998
Gazetted 07 Jul 1998
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

Statutory Rules 1998    No. 2201

__________________

Health Insurance Regulations2 (Amendment)

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Health Insurance Act 1973.

Dated 30 June 1998.

                                                                                 WILLIAM DEANE
                                                                                 Governor-General

By His Excellency’s Command,

 

 

 

MICHAEL WOOLDRIDGE

Minister for Health and Family Services

____________

1.   Commencement

1.1   These Regulations commence on gazettal.

2.   Amendment

2.1   The Health Insurance Regulations are amended as set out in these Regulations.

3.   New regulation 25A

3.1   After regulation 25, insert:

Circumstances where fees etc cannot be charged for provision of public hospital services to public patients

        “25A.   (1)    For section 128C of the Act, the circumstances are where a fee, payment or other consideration (however described) for the provision of an obstetric service:

             (a)   for a public patient in a public hospital; and

             (b)   by a medical practitioner, or a person acting on behalf of the medical practitioner:

                          (i)   employed on the staff of the hospital; or

                         (ii)   performing services under contract to the hospital.

           “(2)   In this regulation:

obstetric service means a public hospital service:

             (a)   for attendance at, or associated with, the delivery of a baby; or

             (b)   requested or required by a public patient in connection with the delivery of a baby.

Example

The circumstances described by this regulation would include a booking fee or request for payment by a medical practitioner, or a person acting on behalf of a medical practitioner, employed by, or under contract to, a public hospital, for costs or charges of the medical practitioner for performing a public hospital service:

              (a)   by attending a public patient in the hospital to deliver a baby; or

              (b)   associated with the delivery of a baby for a public patient; or

              (c)   requested or required by a public patient in connection with the delivery of a baby.”.


NOTES

1.   Notified in the Commonwealth of Australia Gazette on 7 July 1998.

2.   Statutory Rules 1975 No. 80 as amended by 1975 Nos. 118, 125 and 135 (disallowed by the Senate on 4 September 1975); 1976 Nos. 202, 214 and 215; 1977 Nos. 26 and 44; 1978 Nos. 95 and 177; 1979 No. 230; 1981 Nos. 198 and 317; 1982 Nos. 157, 251 and 287; 1983 Nos. 106, 231, 253 and 255; 1984 Nos. 5 and 162; 1985 Nos. 36, 50, 95, 205 and 290 (disallowed by the Senate at the expiration of 10 April 1986); 1986 Nos. 19, 20, 87 and 326; 1987 Nos. 32, 163 and 166; 1988 No. 314; 1989 Nos. 6, 54, 117 and 293; 1990 No. 25; 1991 Nos. 82, 314, 365 and 441; 1992 Nos. 42, 111, 239, 335 and 431; 1993 Nos. 106, 130 and 154; 1994 Nos. 20, 27, 111, 137, 138, 328 and 413; 1995 Nos. 9, 25, 287, 300 and 409; 1996 Nos. 231, 234, 235, 335 and 336; 1997 Nos. 61, 287, 300, 319 and 395; 1998 Nos. 44, 125, 138 and 204.